PLANS for 115 new homes in Banks have been taken to appeal in a landmark case – after the council failed to determine the application within the 13-week time limit allowed.
Redrow Homes applied to West Lancs council for permission to build homes in a site off Guinea Hall Lane on August 3.
But the decision on whether permission will be granted now lies with a government planning inspector, after the developer appealed against the decision following the expiry of the 13-week deadline – without it having gone before the council’s planning committee.
A council spokesman said the proposals were contrary to the Local Plan policy and had been scheduled to go before the planning committee.
But he said that delays caused by a need for additional information relating to protected species – and the need to secure the county ecologist’s views on the results of the survey – meant it was not possible to meet the deadlines for November’s planning committee meeting.
The spokesman said it was a significant appeal in that it was “the first appeal relating to major development that is contrary to both adopted and emerging Local Plan policy and the first housing-related appeal in West Lancashire since the introduction of the National Planning Policy Framework”.
The spokesman said: “The council regrets Redrow’s decision to go to appeal rather than await the determination of the application. However, the council acknowledges their right to appeal. A report will be taken to the council's planning committee in January to decide if the council wishes to defend the appeal and, if so, on what basis.”
Redrow declined to comment.